Myers v. McDonald
Supreme Court of Iowa
Appeal from General Term Second District {Monroe.) Husband and wife : Bevision, charter 101, construed : LIABILITY OF WIFE’S PROPERTY FOR HUSBAND’S DEBTS.' — -This is an action of replevin, brought by the plaintiff (a married woman) against the defendant, as sheriff, to obtain possession of a mule colt, levied upon by the sheriff as the property of the plaintiff’s husband.
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Appeal from General Term Second District {Monroe.) Husband and wife : Bevision, charter 101, construed : LIABILITY OF WIFE’S PROPERTY FOR HUSBAND’S DEBTS.' — -This is an action of replevin, brought by the plaintiff (a married woman) against the defendant, as sheriff, to obtain possession of a mule colt, levied upon by the sheriff as the property of the plaintiff’s husband. The question in the ease is, whether the plaintiff can hold the colt exempt from liability to be seized and sold for the debts of her husband ? The sheriff recovered before the justice, and the plaintiff appealed to the…
1Opinion of the Court
Dillon, Ch. J.
i. husband and o7ivife4apl'opy eity' ‘ There is no suggestion or claim on behalf of either party that the colt in controversy does not, as respects the rights and liabilities 'of the parties, take the place of the mare by which it was foaled.
The material facts may be briefly stated.
1. That the colt is, as respects the husband, the property of the wife, and not his. This, though disputed by the defendant’s counsel, is found to be the fact by the Circuit Court, and the evidence, which we have examined, sustains this finding.
2. No notice of the wife’s ownership of the mare or colt…
2Cited by4 opinions
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- Patterson v. SpearmanSupreme Court of Iowa · 1873
- Williams v. BrownSupreme Court of Iowa · 1869
- Miller & Co. v. SteeleSupreme Court of Iowa · 1874